Darjan v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 07.01.2020

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.31792 of 2019 and CRL.M.P.No.17406 of 2019 Darjan ... Petitioner/Accused Vs.

1. State represented by The Inspector of Police, Manavala Nagar B-5 Police Station, Tiruvallur.

2. Rajasekar

...Respondents/Defacto Complainant

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to call for the records in Crime No.275 of 2019 on the file of the Inspector of Police, Manavala Nagar B-5 Police Station, Tiruvallur.

For Petitioner :Mr.S.Suresh For Respondents :Mr.M.Mohamed Riyaz Additional Public Prosecutor for R1

O R D E R

This Criminal Original Petition has been filed to call for the records relating to the case in Crime No.275 of 2019 on the file of the 1st respondent police and quash the same.

2. The second respondent, who is working as the Front Office Manager of Sennatta Hotel, has lodged a complaint against the petitioner and based on the same, the first respondent has registered an FIR in Crime No. 279 of 2019 under Sections 341, 294(b) and 323 of IPC

3. The case is still in the stage of investigation. By passage of time, the parties have decided to bury their hatchet and compromise the dispute amicably among themselves. https://hcservices.ecourts.gov.in/hcservices/

4. A joint memo of Compromise, dated 07.01.2020, has been filed before this Court which has been signed by the petitioner and the 2nd respondent and also by their respective counsel. The petitioner and the 2nd respondent also present in person before this Court. This Court also enquired both the parties and satisfied that the parties have come to an amicable settlement between themselves.

5. Under such circumstances, no useful purpose will be served in keeping the case pending. Even though, the offences involved are not compoundable in nature, in the light of the guidelines given by the Hon'ble Supreme Court reported in 2017 9 SCC 641-(Parbathbhai Aahir @ Parbathbhai Vs. State of Gujrath), this Court in exercise of its jurisdiction under Section 482 Cr.P.C. quashes the Case in Crime No. 275 of 2019 on the file of the first respondent police.

6. This Criminal Original Petition stands allowed and as a sequel, the proceedings in Crime No.275 of 2019 on the file of the first respondent, is hereby quashed and the terms of Memo of Compromise shall form part and parcel of this order. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar // True Copy// Sub Assistant Registrar Vv Enclose: Xerox copy of Joint Compromise Memo. To

1. The Inspector of Police, Manavala Nagar B-5 Police Station, Tiruvallur.

2. The Public Prosecutor, Madras High Court, Chennai.

CRL.O.P.No.31792 of 2019 and CRL.M.P.No.17406 of 2019 SVI(CO) CSR:28/02/2020 https://hcservices.ecourts.gov.in/hcservices/